Thursday, December 27, 2007

Subashini Loses Bid To Stop Estranged Husband From Converting Youngest Son To Islam

Malaysia's highest court threw out on Thursday a bid by a Hindu woman to stop her estranged husband from converting their youngest son to Islam.

Her case is another sign of strain in the social fabric of the multi-racial nation, where many non-Muslims believe their rights are being trampled by the Muslim majority.

R. Subashini took legal action after her husband converted himself and their elder son, now four, to Islam in 2006. She says she now fears the husband wants to take their two-year-old, who still lives with her, and convert him to Islam as well.

The Federal Court rejected her request for an injunction on technical grounds, leaving her free to try again, but one judge noted the court's jurisdiction was limited, given the husband was now a Muslim and therefore governed by Islamic or sharia law.

"The civil and sharia courts cannot interfere with each other's jurisdiction," said Nik Hashim Nik Abdul Rahman, one of two judges who dismissed the case. One judge dissented.

Family law has become an emotional battleground between Malaysia's religious communities, with non-Muslims complaining civil courts are too willing to surrender jurisdiction to their Islamic counterparts in cases involving a Muslim conversion.

Marriages between Muslims and non-Muslims are forbidden in Malaysia, so once a non-Muslim spouse converts to Islam, the union is broken, lawyers say. While it can still exist under civil law, in reality the Islamic court does not recognise it.

A lawyer for R. Subashini said that although his client's case failed on a technicality, the judges' comments made it clear they recognised the husband's right, as a newly converted Muslim, to have recourse to the Islamic courts.

"The High Court has jurisdiction to hear matters when this is a non-Muslim marriage but the husband also has a right to sharia court under Islamic Law," lawyer K. Shanmuga said when asked by reporters to sum up the ruling's significance.

R. Subashini, a 29-year-old clerk, had initially asked the High Court to prevent her husband from gaining custody of both their sons through the sharia courts.

Her husband, a 32-year-old businessman, had converted to Islam and when he conveyed the news to his wife, she attempted suicide and was admitted to hospital. After her hospitalisation, she discovered her husband had converted their eldest son to Islam.

Her lawyers had told the Federal Court the civil system was the right place for this case because she was not a Muslim.

They cited a landmark ruling by the Federal Court in July which stated that if one party was a non-Muslim, the sharia court had no jurisdiction. This was a rare ruling that went against a tide of decisions granting jurisdiction to the Islamic courts. (Reuters)

***** Perhaps the time has come for our tourism department to change our fake slogan to a more accurate one - "Malaysia Truly West Asia".
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6 Comments:

Anonymous SM said...

Religious Freedom is alive & well in Malaysia especially for the Non-Muslims / Non-Malays.
Now repeat that statement 1 Million times. Maybe some people will believe it!
Malaysia Boleh!

9:42 PM GMT+8  
Anonymous Bastards said...

That fucking bloody husband should have his balls sliced off. Why did the fucking retard convert to Islam and create a mockery out of Subashini's life and her kids.

If I have a knife, I would just slaughter his dicks.

Because of these Indian goons,who are disloyal to their wifes, we have a huge discontent in the racial tolerance.

Let me tell you again, that fucking husband is a disgrace to the Indian community and an absolute bastard to the highest core. Fuck him.

12:19 AM GMT+8  
Anonymous SM said...

Bastards,

Yes you are right about him. However, the system set up in Malaysia actually encourages this! If you are a Non-Muslim Male & you intend to divorce your wife & you want to keep your kids, well, all you do is convert to Islam & then convert your kids without her permission. She will have no rights after that! The Syahriah Court will give you the kids & your Marriage to her will be Null & Void!
Everyone in Malaysia knows this but no one can do a thing about it!

12:38 AM GMT+8  
Blogger Trashed said...

Logic is being defied in Malaysia.

3:34 AM GMT+8  
Blogger kittykat46 said...

The marriage was contracted under civil law, and the custody of the children should have been decided under civil law. The fact that the husband subsequently converted to Islam shouldn't change this. The judge who simply said that the Federal Court cannot act because the husband is NOW a Muslim needs to go back to Law school.

One of the fundamental principles of law is that the legal situation which applies is that which is in force at the time the events occurred. This is very important, since laws and human situations change all the time. An act which was legal at the time of the events can become illegal later, and vice-versa.

Bolehland is going to get itself into all kinds of legal quandary if it judges law based on a subsequent changed situation.

9:27 AM GMT+8  
Anonymous qwerty said...

100% with kittykat46,

Moot point:-

If I, a non-muslim were to take out a 20 years bank loan. The bank will charge me an pre agreed interest rate.
Say, 1 year later, I converted to Islam where interest or riba charged is haram. Using Subhashini's case as a precedent, does it mean that I do not have to pay the bank??

They're opening a whole can of worms!!

2:12 PM GMT+8  

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