NECF Malaysia "For Your Intercession" No. 42 – January 4, 2006 www.necf.org.my
Courts and Contested Conversion
Constitutionally, Islam is “the religion of the Federation” for ceremonial purpose, and other religions may be practiced so as to preserve the peace and harmony in the country. The law of the land also says that all persons are equal before the law and entitled to the equal protection of the law. While we take for granted that Federal Constitution is the supreme law of the land, the recent development in the judicial system seems to indicate otherwise. It also raises a paramount question within us whether there is justice in dealing with issue of contested conversion.
The recent decision of the High Court on Kaliammal Sinnasamy’s application concerning her deceased husband, Kpl. Moorthy a/l Maniam, demonstrated the classic predicament of non-Muslims in a dual-legal-system society and the erosion of the civil courts’ constitutional power. This is only one of the many cases found involved converts. The civil courts have, on many occasions, dismissed applications on the grounds that they have no jurisdiction on matters that have been decided by the Syariah courts. Some other examples are Shamala Sathayaseelan’s application to nullify her two children’s conversion, and Lina Joy’s appeal for the word “Islam” to be dropped off her identity card. The High courts’ interpretation of Article 121(1A) in the above cases has left non-Muslims with no legal recourse in the entanglements that involve both Muslim and non-Muslim parties.
Other than genuine conviction, there are many reasons for conversion, e.g. marriage, peer pressure, material gain, and etc. An adult person may be converted but not professing. Many a case, family members are not informed of or even not aware of a conversion undertaken by the individual. The dubious conversion, e.g. in the cases of Shamala’s two children, the deceased fireman in Malacca, and Moorthy, has severe ramification more than just the issue of rightful inheritance. It involves the children’s future and their religious status (According to Selangor Islamic Enactment, conversion of one of the parents will result in automatic conversion of the children). The lack of compassion and sensitivity of the Islamic Religious Department and Syariah court places an immense amount of distress on the non-Muslim family members. Not only the family institution will be severely affected, it gives rise to uneasiness and hostility between the Muslim and non-Muslims communities that will eventually threaten national unity.
Injustice also encroaches on our confidence towards the government institutions.
For more information, please check out coming issue of Berita NECF January/February
Suggested Prayer Items:
- For the Parliament to step in to address the injustice, so that the rights of non-Muslims will be appropriated in the event of their involvement in Islamic affairs, e.g. conversion and matters that involve Muslim and non-Muslim parties.
- For a fair and just mechanism to address the issue of contested conversion and an individual’s wanting to convert out of Islam.
- For civil judges to execute their function and power without fear and favour
- For the Attorney General and the AG Chambers to act in public interests and to represent equally the rights of all citizens irrespective of race and religion.
- For non-Muslims to be aware of implications and consequences.
|
