Court of Appeal's Judgment leaves non-Muslim in legal limbo again
The Court of Appeal's judgment in the case of Subashini is another dangerous precedent that denies the right to legal redress of a non-Muslim and as a mother over the choice of religion of her children, according to Suara Rakyat Malaysia (SUARAM).
The human rights group pointed out the Federal Constitution remains the supreme law of the land (Article 4(1), Federal Constitution) and is equally applicable to all, where the secular courts are guardians of the Federal Constitution.
"Once again, a non-Muslim is left in legal limbo," said Yap Swee Seng, executive director of SUARAM.
Yap added that the dissenting view of Justice Gopal Sri Ram is right on the mark.
"Subashini cannot appear before or make an application to the Syariah court as it is limited to 'persons professing the religion of Islam', as stated in black and white under Schedule 9, List 2 (1), Federal Constitution.
"To suggest otherwise is akin to rewriting the Constitution," he said.
Yap called on the judiciary not to abdicate its duties and responsibilities, and check on those who attempt to use the Syariah Court for a quick and easy fix, in cases of dissolution marriages, custody battles and disputes over religious upbringing of children.
"In such a dispute, such as in the case of Subashini, the civil courts must rise to the occasion and dispense justice as they see fit, not pass the buck."
He stressed that the most appropriate court to handle a dispute between Muslim and non-Muslim, is none other than the civil court. It is understandable that no one would want to be subjected to religious laws or courts that they do not profess.
END
Background to Subashini's case
Subashini and T. Saravanan were married on July 26, 2001 in accordance with civil laws and they have two sons, aged one and three. The husband converted to Islam in May 2006 and changed his name to Muhammad Shafi Saravanan Abdullah. He has sought to dissolve his civil marriage at the Syariah Court and to obtain custody of the children.
R. Subashini was granted a temporary injunction in August 2006 that prevented her husband from pursuing legal proceedings in the Syariah Court with respect to their marriage and the conversion of their children. However, the injunction has been set aside, which led to the appeal of Subashini at the Court of Appeal.
For further inquiry, please call Yap Swee Seng, tel: +60 3 77843525 or 60 12 2015272.
SUARA RAKYAT MALAYSIA
Address: 433A, Jalan 5/46, Gasing Indah,
46000 Petaling Jaya,
Selangor, Malaysia.
Telephone: +6 03 7784 3525
Fax: +6 03 7784 3526
Email: suaram@suaram.net
Web: www.suaram.net