14th March 2007
Hindus should not be forced to go to Islamic courts
The majority decision of the Court of Appeal in Subashini’s case.has basically told the Hindu wife that the civil courts are helpless to stop her Muslim convert husband from obtaining orders from the Syariah Court dissolving her marriage and converting her infant children to Islam without her consent.
One of the Judges in the majority said Subashini should go to the Syariah Courts for her relief.
With respect, it is a gross injustice to ask Hindus to submit to the jurisdiction of the Syariah Court. The Syariah Court administers Islamic canonical law to which Hindus do not subscribe. It is a religious system which is not accepted universally.
The Court of Appeal’s majority decision in Subashini’s case makes a mockery of the civil law which provides proper relief to the wife in a marriage registered under the civil law.
This decision will cause much suffering and pain to the Hindu wife.
The decision also throws the entire non-Muslim family law into uncertainty.
It makes Hindu women feel very insecure.
This is because their husbands can convert to Islam and then convert minor children to Islam and leave the Hindu wife in the lurch.
The Malaysia Hindu Sangam is concerned that our Courts appear to be allowing popular prejudice and individual religious beliefs to interfere with the granting of relief to litigants according to law.
Thank you,
Datuk A Vaithilingam
President
Malaysia Hindu Sangam