Tuesday, September 26, 2006

Are Some Non-Muslims Misusing/Manipulating The Syariah Court System?

Of late there have been cases reported in the newspapers which to me seems like a very clever strategy to escape responsibility and the jurisdiction of the civil courts, in matters regarding divorce and child custody.

A hypothetical case will be one where the marriage of a non-Muslim couple goes to the dogs and divorce is either being threatened, considered or being proceeded with, when suddenly one partner, most often the husband 'sees the light' and converts to Islam along with his children secretly and in an awful hurry. The whole equation then changes and our saudara baru rushes to the Syariah Court for relief including custody of the children as he is now a 'Muslim!'

While the Ummah may rejoice at the saving of yet another kafir, are the Islamic authorities here unaware of such abuse and manipulation of the Syariah system? Are these really true believers or shrewd and cunning men exploiting a system which happily allows it? Is this 'the end justifies the means' conversion acceptable to the powers that be? The civil courts at the highest level have so far washed their hands of the issue by saying "we have no jurisdiction," which is a lot of rubbish. The fact is that the judges concerned have not been able to reconcile their position in the judiciary with their faith as Muslims and should be disallowed from hearing cases of this nature in the future. In the process they have betrayed not only their vows of upholding justice but the hopes and trust of very wronged plaintiffs.

You are most welcome to give your honest opinion on the above issue as long as you do not cite any specific case which is still pending in court. In fact there is one such case in today's papers which you can access from here but I shall refrain from commenting on it as it is sub judice and the last thing we want is a contempt of court charge: Nod for convert to seek divorce.


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