Posts Tagged ‘Syariah Law’

elangesvaran stuck between syariah and civil court

July 7th, 2008
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Elangesvaran’s case is still unsolved as reported by Malaysiakini. The religious authorities did something cowardly – they sneaked off to the Syariah court and obtained an order that the deceased was a convert. The deceased’s family are not represented in the religious court Even though precedence exists where non-Muslim families fought their cases in islamic court, its very rare due to the constitutional rights of individuals. Knowing that the deceased’s family won’t be approaching the islamic court or may have not even thought of such idea, these people did this embarassing and despicable act. Such actions only serve to undermine their religion in the eyes of other Malaysians.

On the family’s part, they declared to fight on for the rights to claim the body of the deceased. Says the deceased’s brother, Selvam:

We will fight this all the way as my brother never told us anything about his conversion,” he said. “We have yet to get over his death and now we have to endure this… It is all just too much for my family

Given the success rate of such cases, we can only pray that the family gets justice.

Meanwhile, their lawyer – Karpal Singh is planning to file a contempt of court over the “underhanded” action of the religious authorities (i think the term hooligans is more appropriate) of running off to syariah court while the high court is hearing the case.

This is wrong and we are thinking of filing a contempt of court application against them

Those authorities should have just shown the proof in the the current court and get it over with. Don’t tell me they think the judge will be biased or such cases should not be heard in civil courts. Instead of taking a simple and clear path, they decided to make things more complicated. Can’t blame them since they just make use of the loopholes in the laws to their advantage.

We have leaders trumpeting about justice, Rukunegara, brotherhood, harmony, solidarity, love, freedom and so many other “nice to hear” words, but in reality? The fault is solely on those lawmakers for failing to set right the flaws in the changes made in the constitution. Rather than admitting their mistakes, they hide behind ambigious responses and brush aside any attempts to voice out the dissatisfaction faced by the communities. They have failed to provide remedies. For how long will cases like this continue to take up space in newspapers before something is done? One can only curse that they rot in their hell beyond eternity.

Malay woman buried as Buddhist

June 17th, 2008
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In a rare case, a lady who died at the age of 78, Selimah Mat, was buried as a Buddhist after the Perlis Syariah court ruled (based on Perlis Religious Affairs Dept) that the lady is not a Muslim at time of death. She was taken to Thailand at the age of 16, and came back 8 years later with a son. She admitted to marrying a Buddhist and living as one.  Her sister said that Selimah did not want to return to Islam.

The issue ran for 4 days, after the son applied to bury Selimah according to Buddhist rites.  Selimah was also seen actively participating in the local Wat.

I guess this is one of those lucky ones!

Both Star and NST carried the news.

Syariah court enforcers?

June 16th, 2008
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Hmm..i suppose body snatching and kid-napping may enter the job scope as well since Zaid says that “job scope is still being worked out”.  He mentioned that:

The Syariah Judicial Department has set up a special division, to enforce syariah court decisions on family-related and divorce cases.
Minister in the Prime Minister’s Department Datuk Seri Ahmad Zahid Hamidi said experienced officers who made up the family support division would be based in all syariah courts to help in the enforcement of judgments

“If, say, in a divorce case, a husband fails to pay matrimonial claims as decided by the courts, the officers will act accordingly to make sure the husband follows the order.

“The officers may have to apply for a court order or do other things they deem fit.”

Obviously it will be helpful for single mothers who suffer because the husband does not pay alimony. However, in cases of suspected conversion and matters arising from conversion, it may create problems. If wrongly executed, enforcement will create more stressful situation for cases like divorce, conversion, property division etc. Perhaps it will be prudent to send the officers for soft skill courses like communication skills, counseling, public relations etc.

As malaysians are becoming increasingly wary of syariah courts in last few years, we have enforcement officers roaming around soon. Hopefully the plans to streamline conversion applications process gets attention like the enforcement officer proposal as well.

There should also be some check and balance to ensure these officers are not exposed to bribery or become little Napeleons of their own. We have read in papers about reports on officers from religious departments receiving bribes or soliciting sexual favors in return for not taking action.

Well, don’t get me wrong. I’m quite wary on such plans since the issue of impact of syariah law on non-muslims itself is a sore point.

ABIM calls for standard apostasy ruling

May 14th, 2008
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The case involving Tan Ean Huang was actually clear cut, but it dragged for months. The lady did everything opposite to Islam, her husband who is muslim did not help her out and actually disappeared. She converted out of need to get marriage, not for love of religion. Yet, she had to attend counseling, of which she only attended once. I guess they couldn’t get to her. She was steadfast and managed to escape from the religion. It would have been a mockery if the court decided otherwise. » Read more: ABIM calls for standard apostasy ruling

Convert allowed to renounce Islam

May 8th, 2008
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I have to make a guess here. If the court insisted that the poor lady is to be detained at the rehabilitation center to be brainwashed, it will provoke more anger against those who supported the ruling. Imagine a person who did things contrary to the religion being given consultation to mend her ways and see the true path. It would have been a great comedy indeed! Luckily, the court chose not to make a drama out of the religion. » Read more: Convert allowed to renounce Islam