Posts Tagged ‘Syariah Law’

Rare interview with Subashini

August 13th, 2008
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Malaysiakini published a telephone and face-to-face interview with R Subashini, the wife of the convert who also converted their eldest son and planned to convert the second son. She denies reports about her converting, saying that someone pretended to be her and called Malaysiakini via handphone and also sent email – both which belong to her!

Anyway, if she converts for the sake of the children, no one can stop it. Who wants to be separated from their kids? However, it will be a big insult for Islam for creating a situation that forces a mother to convert.

By the way, I’m curious that Saravanan still keeps his name which signifies Lord Muruga. Is it not heresy?

The rest of the interview below:

Following a widely-publicised and emotionally-charged legal battle which had stretched for two years, R Subashini has finally decided to break her silence albeit with a little mystery thrown into the concoction.

The Hindu wife of a Muslim convert spoke to Malaysiakini yesterday, her first interview with the media since going to court over her marriage and custody of her children.

For safety reasons, Subashini had kept a low profile despite her highly publicised case as issues pertaining to religion are considered controversial and sensitive in this country.

The courtroom drama started when her husband T Saravanan, a businessman, converted to Islam in May 2006 along with their eldest son, Dharvin Joshua, aged 5.

Saravanan, who assumed the name Muhammad Shafi Saravanan Abdullah, then launched proceedings in the Syariah Court for a divorce as well as custody of their second son, Sharvin, 3.

Subashini fought her case right up to the land’s highest court late last year.

Her case was however thrown out on technical grounds, despite having secured a minor victory in the landmark judgment.

Her meeting with Malaysiakini yesterday came amid mysterious phone calls and an email from a woman who had identified herself as ‘Subashini’.

But the ‘real’ Subashini denied making calls or sent out an email on the matter.

In a telephone conversation with Malaysiakini on Monday, the ‘other’ Subashini revealed that she had patched up with her husband and could now visit her eldest son on a regular basis.

She also stated that she intended to convert to Islam soon so that the family could be together once again, adding that she would instruct her lawyers to withdraw all of her court actions.

The telephone conversation was later followed by an email, furnishing more details.

In her email, the ‘other’ Subashini said she had been in contact with her husband five months ago and was “happy at the moment” that she could be with her two sons and her husband.

“Can anybody be in my shoes and describe how happy I am? Or at least tell me, can money or fame bring you happiness?

“I carried both my sons for nine months and how can I just let anyone take away my babies from me? They are the only priceless wealth that I have and will have forever.

“My prayers and support from everyone have showed me a result but it depends how some individuals accept this but as for me, I’m honest and clear with my decision.

“I have built back my palace and I wouldn’t want it to be demolished,” read the email.

However, when met at her lawyer K Shanmuga’s office in Kuala Lumpur yesterday, the ‘real’ Subashini denied that she had telephoned Malaysiakini or sent the email.

But there was another twist.

The ‘real’ Subashini confirmed that the phone number and email address used by the ‘other’ Subashini were indeed hers.

The phone number was a newly registered mobile number but she had stopped using the email account, which was registered under her second son’s name.

“This email was definitely not from me,” responded Subashini when shown a copy of the message.

Clad in a pink baju kurung (Malay traditional attire) and wearing a red pottu (Hindu marking) on her forehead, the 30-year-old company secretary was in the dark as to who would have impersonated her.

“I don’t have (Malaysiakini’s) number, I don’t know who to contact, I don’t have Malaysiakini’s email address.

“I don’t know who is using my name. I don’t know who (did it), I don’t want to point (fingers) at anyone,” she said.

At the brief meeting, Subashini – who declined to be photograped – also refused to speak on the record over the current status of her marriage and her children.

“Not at the moment,” she replied with a smile when asked about this.

Later, her lawyer Shanmuga (left) said he had not received any instruction from his client to withdraw the legal actions.

“The Shah Alam High Court is scheduled to hear (Subashini’s) application for leave to quash the conversion of (eldest son) Dharvin on Aug 21,” said the lawyer.

“The Attorney-General’s Chambers is objecting to the application, stating that the applicant has to go to a syariah court,” he added.

The matter would be heard before judicial commissioner Mariana Yahya.

To another question, the lawyer said he had not received any instruction from Subashini to file a fresh application for divorce in the civil court after a similar application was ruled “premature and invalid” by the Federal Court in its landmark ruling last year.

At the time, the court rejected Subashini’s divorce petition – which sought maintenance and custody of her children – on technical grounds over the date of her petition which was within three months of her husband’s conversion date.

According to the law, the petition should be filed three months after the conversion date but Subashini’s application was filed about two weeks before the three-month period expired. The divorce petition was thus deemed null and void.

Nevertheless, she could file a fresh petition to seek the divorce.

In the same judgment, Subashini secured a minor victory as the Federal Court ruled that the syariah courts cannot dissolve a civil marriage.

The highest court ruled, in a 2-1 decision, that Saravanan could seek remedies in the syariah courts but cannot compel Subashini to do the same because she was a non-Muslim.

However, the court did not make clear the issue concerning the custody of the children as it also ruled that both the husband and wife could initiate custody proceedings in their respective jurisdictions.

Other articles related to Subashini and conversion problem can be searched in this blog.

HINDRAF press statement on forum attack

August 11th, 2008
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HINDRAF

 

135-3 KEMAYAN SQUARE

 

70200 SEREMBAN

 

NEGERI SEMBILAN.

 

 

PRESS STATEMENT 11TH AUGUST 2008

 

 

 

 

BAR COUNCIL FORUM – CLEAR EVIDENCE OF AUTHORITARIAN STATE

 

POLICE COLLUDED WITH PROTESTERS – AN INSULT TO ARTICLE 10 OF THE FEDERAL CONSTITUTION.

 

 

 

STATEMENT BY HOME MINISTER SYED HAMID IRRESPONSIBLE.

 

 

The latest fiasco on the Malaysian Bar Council forum on “Conversion to Islam” clearly indicates that our ruling government practices authoritarian policies where the elected representatives and police are used to suppress civil liberties and freedom of expression in the pretext of security and public order.

 

 

The ruling government and its agents, ie police were at their best to exercise their authority to allow the protest by the muslim mobs to incite racial sentiments and storm into the forum and slander, humiliate and insult the non-Malays.

 

 

HINDRAF strongly condemns the veiled threat by Home Minister to the Bar Council that “he hoped that the Bar Council got the message that “there are certain things that are out of bounds for public discussion, even if held in a private place.” It is the duty of the country to protect its citizens who have gathered to discuss a legitimate concern of its community (under article 10 of the Federal Constitution) but to come up with such threats (especially) by the minister is most irresponsible and insults the intelligence of Malaysians.

 

 

Four (4) members of HINDRAF were arrested in a rainy day for creating an awareness of their cause in the recent CPA conference on 7th August 2008 but here you have over 300 protesters behaving aggressively, carrying inciting banners and storming into the Bar Council forum raising uncalled racial sentiments against fellow non-Malay Malaysians without fear and protected by the Royal Police Force. The statement by Home Minister appear to be condoning such “violent” behaviour and supporting hooliganism and claims he has not received any complaints of threat to National Security or disturbance to public order is utter rubbish and nonsensical.  

 

 

Such double standards is only prevalent in an authoritarian state where any issues that concerns the public and freedom of thought for egalitarianism is suppressed and oppressed to serve the interest of the majority Malay muslim.

 

 

There is no actual racial issue in Malaysia, it is only incited and seeded  into the public to create a scenario that best serves an authoritarian state to serve its own agenda against the goodwill and humanity for the Malaysian society that have co-existed irrespective of their color, race, religion and creed.

 

P.Waytha Moorthy

 

Chairman

 

Currently in London

Update of forum attack by thugs (2)

August 10th, 2008
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Police confirmed that Zulkifli Nordin is not being detained under ISA, so the anonymous caller who contacted Mahaguru58 was wrong. However, The Star reports that he could not be contacted by media or fellow PKR mates. Hope there’s no statutory declarations from him.

 

Meanwhile Gerakan is second party after a MIC’s sole respondent (Mohan from MIC Youth). Gerakan’s president Koh Tsu Koon asked that the joint committee of Civil and Syariah lawyers to convene immediately.

“They need to formulate, clarify and rectify procedures related to marriage between Muslim and non-Muslim, connversion, custody of
children and burial rites after death,” he said.

Koh said the committee was formed to work out solutions following several controversies related to Muslim converts after death or breakdown of marriages.

“It is urgent to reconvene the committee which I am told has not met for some time.

“There will be controversy and even conflicts over family matters related to religious conversion if the issues are left unresolved, he said, adding the problem would continue to haunt the multi-religious society in the country if it is left unresolved.

The Star’s version had some extra details of Koh’s statement which covers the kerosene bombs and PKR,PAS, UMNO participation:

Dr Koh also specifically condemned the use of kerosene bombs on the house formerly owned by Bar Council president Datuk Ambiga Sreenevasan, which is now the house of Wanita Umno deputy chief Datuk Seri Shahrizat Abdul Jalil.

“It is regrettable that some members of political parties such as PAS, PKR and Umno were involved in the almost violent demonstration,” said Dr Koh, who pointed out the involvement of and strong words uttered by PAS Youth chief Datuk Salahuddin Ayub and Kulim-Bandar Baru MP Zulkifli Noordin or PKR.

“We should be aware of sensitivities about religions by all respective believers. Therefore, all politicians must take a rational and reasonable approach to look at how to fine-tune the relevant laws and procedures to avoid or minimise potential inter-religious controversies and conflicts,” he added.

Another Gerakan leader also agreed. Gerakan national legal bureau chairman Datuk Chang Ko Youn said the forum should have been allowed to go on.

There are many ancillary issues arising out of the provisions of Article 121(1a) and these must be resolved fast. I believe the forum,
if it was allowed to go to its full length, could have found solutions to some of the issues.”

Chang, who is also Gerakan vice-president, said the council should not be accused of fanning religious or racial sentiments or being disrespectful to Muslims for organising the forum.

In the mean time, I’m sure we are all happy to hear that Jeanne Abdullah (previously Danker), wife of Prime Minister is happy with the her new religion.

Describing Islam as a “beautiful religion,” Jeanne said she had no regrets ever since she converted at the age of 23 for marriage.

“I am proud to be a Muslim. It is about being good and doing good things,”  she said yesterday at the inaugural national-level Muslim Convention.

“My most favourite time is when Pak Lah (Datuk Seri Abdullah Ahmad Badawi) reads the Quran with me during subuh (dawn). I read it in English and he reads and explains to me.”

Jeanne and Abdullah married in June 2007.

“I enjoy reading the Quran without rushing and relish every word,” she said.

Previously known as Jeanne Danker, she was born in 1953 to a Catholic Portugese-Eurasian family.

Her mother was understanding when she told her she wanted to convert to Islam and advised her that if she wanted to be a Muslim, she should be a good one and talk to someone who could help her.

“I practised being a good Catholic. I went to church, attended catechism classes and read the scriptures,” she said.

“My mum and dad were happy that I was happy and accepted that I wanted to be a Muslim. We became closer after that. She passed away 21 years ago,” she added.

Jeanne encouraged Muslims not to forget their parents even if they were of a different religion and to have a new
zest to share the religion with others.

“Islam is not about race or where you come from but it is about doing good.

Well, at least she’s being truthful saying the she converted for marriage AND informed her parents about it (in 1976/77). Obviously its much different from spouses who convert without informing the partner and unilaterally convert children as well. Or cases where there are no proper proof of conversion. Anyway, we have to wait and see if anyone non-converted relative of Jeanne’s will lay claim over her assets once she dies. Also she’s clear on one thing – Islam is not about the race. But a pity that this simple notion is deliberately ignored, and certain people muddle Islam with Malay to suit their own agenda.

 

By the way, among the thugs involved were members of Indian Muslim Restaurant Owners Association. If anything happens, would they “balik India” ? I’m not sure.

 

Also, Deputy Prime Minister said that such reaction (thuggery) was expected. That may be because those thugs have received their instructions beforehand. I also guess that means its green light to storm and threaten anything the people disagree with. No wonder UMNO branch and division meetings are becoming more exciting nowadays 🙂

 

Ultimately, in asking these talks to be done behind “closed doors”, we are publicly admitting our failure in creating a Bangsa Malaysia, in creating a mature society, in setting up check and balance, in protecting the rights of all Malaysians, and in promoting a just and fair country . That perhaps, will be the catalyst for downfall of the country – economically, politically, and socially.

 

Finally, Bar Council’s Ambiga said that no more forums for the moment

There were no plans for another forum in the future, she said.

“Even if we do have one, we would prefer to hold it behind closed doors.”

Now, did anyone know that there was a special session on religion by the Department of National Unity and Integration held in UM for last two days? It came out with 10 recommendations. More on that later.

Police side with forum protestors

August 9th, 2008
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I think it can’t get anymore clearer than this. Everywhere else, its the protesters who are bashed up, arrested, chased after and shot with tear gas/water cannon. I thought the same rule applies for all. But we have seen that people like Khairy get special treatment.

Today, the police asked the forum to end early instead of getting rid of the protestors. Now, I’m not telling the police to treat the protesters like how they treated the HINDRAF rally attendees. Let people protest, but in an orderly manner. If anyone turns phyiscal, arrest them. But it is very embarassing to read that police asked the forum to end early! Worse still, only yesterday this guys made a joke that they will “not hesitate to take action if anyone gathered at or near the Bar Council because of its forum on conversion to Islam”.

Dang Wangi OCPD Asst Comm Zulkarnain Abdul Rahman said police would be on full alert and advised people not to hold gatherings there. He said this was meant for those who were against the forum and those who supported it. But look what happened today. These people can afford to put bored-looking policemen to relax at roadblocks but can’t control a measly crowd of 300.

Both Malaysiakini and Star have the story.

Among the 300 protestors are members of Muslim welfare organsation Perkida and Islamic party PAS, who shouted, “Hancur Bar Council” (Crush Bar Council), “Hidup Islam” (Long Live Islam) and “Batal forum” (Cancel the forum). They carried placards saying “Jangan cabar Islam” (Don’t challenge Islam) and “Bar Council, Don’t play with fire”.

Among the protest leaders seen in the crowd are PAS Youth chief Salahuddin Ayub. The protesters, many of whom came just before the forum began, later decided to sit down in front of the Bar Council building and vowed that they would not budge until the event had been cancelled. Some threatened to storm the building to physically stop the forum.

Due to the advice from police, the program ended at 10am, about one hour after it started.

A leader of the protesters – PKR Kulim-Bandar Baharu parliamentarian Zulkifli Noordin – declared the abrupt end of the forum as a victory
for them. By 10.40am, most of the protesters have dispersed.

Most embarassing is PKR and PAS are in it. What is DAP’s stand on this? And do you realise that MIC, MCA, Gerakan and PPP cowards don’t even dare to open their mouths. COWARDS. COWARDS. COWARDS. Definition for political parties in Malaysia. All these people know that they can’t say a thing or they will be roasted. They will come up with the usual “we will talk about this in our own way” crap. But 51 years also no solution, what more can you talk about? You can’t be that stupid or have low IQ, can you? There’s no political will to solve this inter-religious contentions. That’s the problem.

Now imagine if we, the makkal, protest against the criminal, seditious teacher in Teluk Panglima Garang. You think the police will be so kind? They’ll chase the people away, not close down the school. I dread to think of the day when church sermons or temple prayers are asked to be stopped because some people protest at the noise, smell, or traffic jam.

No wonder more and more Malaysians are considering migrating. Recently two of my friends expressed their intentions.

Bar Council defends forum

August 8th, 2008
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The report in Malaysiakini provides more explanation on the forum‘s objectives:

Although matters of faith and race are always sensitive and emotive, dialogues and discussions of the problems arising out of the Syariah and civil courts’ separate jurisdictions and issues “ancillary” to religious conversions are critical to their resolution, he (council vice-president K Ragunath) said.

Speaking at a press conference at the council’s office in Kuala Lumpur, Ragunath said such forums are also necessary given the government’s reluctance to address the issues constructively and by including all the relevant stakeholders increase the probability of arriving at “a just and amicable solution”.

“Concerns of some quarters, including a number of cabinet ministers such as Deputy Prime Minister Najib Abdul Razak, Home Minister Syed Hamid Albar, (minister in charge of Islamic affairs) Ahmad Zaid Hamidi and various NGOs and PAS are noted.

“We reiterate that our concern is to address the issues of conflicts of laws facing families caught between the separate jurisdictions of civil and Syariah laws,” he added.

Such calls for the forum to be cancelled in view of the sensitivity of the topics expected to be raised therein – and claims that the forum will create “misunderstanding, anger and tension” – stand opposed to Prime Minister Abdullah Ahmad Badawi’s plea for more interfaith dialogues among Malaysians to promote and ensure religious harmony, he added.

Ragunath reiterated that the forum will not be questioning Article 121 (1A) of the Federal Constitution which gives Syariah courts jurisdiction over Muslims, nor diminish Article 3 which explains Islam’s position.

“The forum is not about conversion per se, as the Bar Council endorses the right of individuals to embrace Islam. Instead, the forum will address the ancillary issues that arise from such situations and will emphasis the need for laws, and a judicial system that protects everyone equally.

“The way forward to resolving any dispute or issue is to firstly promote greater understanding of the views of all the parties involved. We accept and understand that matters relating to faith and race are always sensitive and emotive.

“However, regardless of the sensitivity, we must strive to move forward to achieve a just, fair and amicable solution to the problems faced by so many individuals. The stifling of debates, talks and discussions would be counter-productive and would only fuel hate, fear and insecurity within the affected communities,” he argued.

Describing Malaysian society as “mature and responsible,” Ragunath said “it wants to, and is ready to, exchange views in public, even difficult issues, in efforts to further strengthen national unity and foster interfaith harmony.”

“Discourse on issues confronting the nation cannot take place only at official levels, behind closed doors, but must be inclusive and involve the public and those whose lives are affected by them.

“Calls to halt discussions on any issue imply that there are aspects to those issues that the public does not have a right to know about, which is counter to the principles of the open, progressive and democratic society that we have evolved into.

“We believe that the continued suppression of open and respectful discourse, not public forums, that will cause tension and jeopardise national unity,” he added.

He also called for the government to do more by way of “constructive dialogue and meaningful debate.”

Explaining that the issue of separate legal jurisdictions is not unique to Malaysia, Ragunath stated whenever there are two conflicting or differing views (on a legal matter), “we need to dialogue (on it) and create awareness.”

On the part of the council, Ragunath said it was taking the necessary precautions to ensure the dialogue takes place in a “controlled and constructive measure” and invited all – supporters and critics alike – to attend the forum and to air their views.

Even those intent on demonstrating tomorrow against the forum or submitting to the council a memorandum expressing their grievances with it, are welcome to do so, said Ragunath.

“If they’re sending a memorandum, we’ll accept the memorandum. If they want to demonstrate, that is their right to demonstrate – as long as it is peaceful,” he said further.

Among the speakers at the forum are director of the Institute of Islamic Understanding’s Center for Syariah Laws and Political Science Dr Wan Azhar Wan Ahmad and Syariah lawyer Mohd Haniff Khatri Abdullah.

Mohd Haniff represented the Federal Territory’s Islamic Religious Council in the case of R Subashini. K Shanmuga and Ravi Nekoo, who were counsel for Subashini and S Shamala, respectively, are also slated to speak.

The moderator will be Zarizana Abdul Aziz of the Women’s Centre for Change (WCC).

Ragunath said the only person to have pulled out as a speaker is former Syariah judge and currently the Federal Territory Islamic Department’s Syariah prosecutor Dr Mohd Naim Mokhtar. About 150 people are expected to be at the forum.

At least the Bar Council is stating its reasons for organising the forum.  Its about the non-Muslims and how conversion of our loved ones affects us. Estimated crowd is about 150 only. If the media doesn’t write about it or broadcast it, more than half of Malaysians won’t even know about this forum. Now with all this publicity, the forum will attract more attention. Which is good. Bar Council organised a few forums and so far attempts to create problem by certain political party and its affiliated religious NGOs has failed. Hope this one goes on well too.